Computerized method and system for determining breach of duty in premises liability for an accident
First Claim
Patent Images
1. A computer-implemented method of estimating premises liability for an accident, comprising:
- providing to a computer system a set of characteristics of the accident;
determining negligence of an insured from at least one of the characteristics;
determining an effect on liability of one or more defenses from at least one of the characteristics;
determining whether one or more bars to liability apply using at least one of the characteristics; and
estimating liability.
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Accused Products
Abstract
A computer-implemented method and system for determining breach of duty in premises liability for an accident is provided. In one embodiment, breach of duty may be determined from characteristics of the accident. Characteristics may be provided to the computer system and evaluated to determine the breach of duty. In an embodiment, characteristics may include an insured type. Breach of duty may be determined for a claimant that includes an invitee, licensee, or trespasser.
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Citations
399 Claims
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1. A computer-implemented method of estimating premises liability for an accident, comprising:
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providing to a computer system a set of characteristics of the accident;
determining negligence of an insured from at least one of the characteristics;
determining an effect on liability of one or more defenses from at least one of the characteristics;
determining whether one or more bars to liability apply using at least one of the characteristics; and
estimating liability. - View Dependent Claims (2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12)
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13. A computer-implemented method of estimating premises liability for an accident, comprising:
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providing to a computer system a set of characteristics of the accident;
determining a claimant status of a claimant using at least one of the characteristics;
determining duties owed by an insured to the claimant using at least one of the characteristics;
determining breach of duty using at least one of the characteristics;
determining causation using at least one of the characteristics;
determining applicability of one or more defenses from at least one of the characteristics, wherein the one or more of the defenses are associated with an estimate of an effect on liability;
determining whether one or more bars to liability apply using at least one of the characteristics; and
estimating the liability, wherein the liability is based on the claimant status, the duties owed by the insured, the breach of duty, the causation, the defenses, and the bars. - View Dependent Claims (14, 15, 16, 17, 18, 19, 20, 21, 22)
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23. A system configured to estimate liability, comprising:
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a CPU;
a data memory coupled to the CPU; and
a system memory coupled to the CPU, wherein the system memory is configured to store one or more computer programs executable by the CPU, and wherein the computer programs are executable to implement a method for estimating premises liability for an accident, the method comprising;
providing to a computer system a set of characteristics of the accident;
determining negligence of an insured from at least one of the characteristics;
determining an effect on liability of one or more defenses from at least one of the characteristics;
determining whether one or more bars to liability apply using at least one of the characteristics; and
estimating liability. - View Dependent Claims (24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34)
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35. A carrier medium comprising program instructions, wherein the program instructions are computer-executable to implement a method for estimating premises liability for an accident, the method comprising:
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providing to a computer system a set of characteristics of the accident;
determining negligence of an insured from at least one of the characteristics;
determining an effect on liability of one or more defenses from at least one of the characteristics;
determining whether one or more bars to liability apply using at least one of the characteristics; and
estimating liability. - View Dependent Claims (36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46)
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47. A system configured to estimate liability, comprising:
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a CPU;
a data memory coupled to the CPU; and
a system memory coupled to the CPU, wherein the system memory is configured to store one or more computer programs executable by the CPU, and wherein the computer programs are executable to implement a method for estimating premises liability for an accident, the method comprising;
providing to a computer system a set of characteristics of the accident;
determining a claimant status of a claimant using at least one of the characteristics;
determining duties owed by an insured to the claimant using at least one of the characteristics;
determining breach of duty using at least one of the characteristics;
determining causation using at least one of the characteristics;
determining applicability of one or more defenses from at least one of the characteristics, wherein the one or more of the defenses are associated with an estimate of an effect on liability;
determining whether one or more bars to liability apply using at least one of the characteristics; and
estimating the liability, wherein the liability is based on the claimant status, the duties owed by the insured, the breach of duty, the causation, the defenses, and the bars. - View Dependent Claims (48, 49, 50, 51, 52, 53, 54, 55, 56)
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57. A carrier medium comprising program instructions, wherein the program instructions are computer-executable to implement a method for estimating premises liability for an accident, the method comprising:
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providing to a computer system a set of characteristics of the accident;
determining a claimant status of a claimant using at least one of the characteristics;
determining duties owed by an insured to the claimant using at least one of the characteristics;
determining breach of duty using at least one of the characteristics;
determining causation using at least one of the characteristics;
determining applicability of one or more defenses from at least one of the characteristics, wherein the one or more of the defenses are associated with an estimate of an effect on liability;
determining whether one or more bars to liability apply using at least one of the characteristics; and
estimating the liability, wherein the liability is based on the claimant status, the duties owed by the insured, the breach of duty, the causation, the defenses, and the bars. - View Dependent Claims (58, 59, 60, 61, 62, 63, 64, 65, 66)
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67. A computer-implemented method of determining claimant status in premises liability for an accident, comprising:
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providing to a computer system a set of characteristics of the accident;
evaluating at least one of the characteristics of the accident; and
determining the claimant status from the evaluated characteristics of the accident. - View Dependent Claims (68, 69, 70, 71, 72, 73, 74, 75, 76, 77)
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78. A system, comprising:
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a CPU;
a data memory coupled to the CPU; and
a system memory coupled to the CPU, wherein the system memory is configured to store one or more computer programs executable by the CPU, and wherein the computer programs are executable to implement a method for determining claimant status in premises liability for an accident, the method comprising;
providing to a computer system a set of characteristics of the accident;
evaluating at least one of the characteristics of the accident; and
determining the claimant status from the evaluated characteristics of the accident. - View Dependent Claims (79, 80, 81, 82, 83, 84, 85, 86, 87, 88)
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89. A carrier medium comprising program instructions, wherein the program instructions are computer-executable to implement a method for determining claimant status in premises liability for an accident, the method comprising:
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providing to a computer system a set of characteristics of the accident;
evaluating at least one of the characteristics of the accident; and
determining the claimant status from the evaluated characteristics of the accident defenses, and bars may be determined from at least one of the characteristics. - View Dependent Claims (90, 91, 92, 93, 94, 95, 96, 97, 98, 99)
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100. A computer-implemented method of determining breach of duty in premises liability for an accident, comprising:
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providing to a computer system a set of characteristics of the accident;
evaluating at least one of the characteristics of the accident; and
determining the breach of duty from the evaluated characteristics. - View Dependent Claims (101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116)
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117. A system, comprising:
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a CPU;
a data memory coupled to the CPU; and
a system memory coupled to the CPU, wherein the system memory is configured to store one or more computer programs executable by the CPU, and wherein the computer programs are executable to implement a method for determining breach of duty in premises liability for an accident, the method comprising;
providing to a computer system a set of characteristics of the accident;
evaluating at least one of the characteristics of the accident; and
determining the breach of duty from the evaluated characteristics. - View Dependent Claims (118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133)
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134. A carrier medium comprising program instructions, wherein the program instructions are computer-executable to implement a method for determining breach of duty in premises liability for an accident, the method comprising:
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providing to a computer system a set of characteristics of the accident;
evaluating at least one of the characteristics of the accident; and
determining the breach of duty from the evaluated characteristics. - View Dependent Claims (135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150)
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151. A computer-implemented method of determining causation of a dangerous condition on a premises of an accident, comprising:
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providing to a computer system a set of characteristics for the accident;
determining a cause in fact of a claimant'"'"'s harm from at least one of the characteristics, wherein the claimant'"'"'s harm resulted from the accident; and
determining a proximate cause of the claimant'"'"'s harm from at least one of the characteristics. - View Dependent Claims (152)
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153. A computer-implemented method of determining whether a dangerous condition on a premises is a cause in fact of an accident, comprising:
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providing to a computer system a set of characteristics of the accident; and
determining the cause in fact of the accident from at least one of the characteristics of the accident. - View Dependent Claims (154, 155, 156, 157, 158, 159, 160)
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161. A computer-implemented method of determining whether a dangerous condition on a premises is a proximate cause of an accident, comprising:
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providing to a computer system a set of characteristics of the accident; and
determining the proximate cause of the accident from at least one of the characteristics of the accident. - View Dependent Claims (162, 163, 164, 165, 166, 167)
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168. A system, comprising:
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a CPU;
a data memory coupled to the CPU; and
a system memory coupled to the CPU, wherein the system memory is configured to store one or more computer programs executable by the CPU, and wherein the computer programs are executable to implement a method for determining causation of a dangerous condition on a premises of an accident, the method comprising;
providing to a computer system a set of characteristics for the accident;
determining a cause in fact of a claimant'"'"'s harm from at least one of the characteristics, wherein the claimant'"'"'s harm resulted from the accident; and
determining a proximate cause of the claimant'"'"'s harm from at least one of the characteristics. - View Dependent Claims (169)
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170. A carrier medium comprising program instructions, wherein the program instructions are computer-executable to implement a method for determining causation of a dangerous condition on a premises of an accident, the method comprising:
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providing to a computer system a set of characteristics for the accident;
determining a cause in fact of a claimant'"'"'s harm from at least one of the characteristics, wherein the claimant'"'"'s harm resulted from the accident; and
determining a proximate cause of the claimant'"'"'s harm from at least one of the characteristics. - View Dependent Claims (171)
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172. A system, comprising:
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a CPU;
a data memory coupled to the CPU; and
a system memory coupled to the CPU, wherein the system memory is configured to store one or more computer programs executable by the CPU, and wherein the computer programs are executable to implement a method for determining whether a dangerous condition on a premises is a cause in fact of an accident, the method comprising;
providing to a computer system a set of characteristics of the accident; and
determining the cause in fact of the accident from at least one of the characteristics of the accident. - View Dependent Claims (173, 174, 175, 176, 177, 178, 179)
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180. A carrier medium comprising program instructions, wherein the program instructions are computer-executable to implement a method for determining whether a dangerous condition on a premises is a cause in fact of an accident, the method comprising:
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providing to a computer system a set of characteristics of the accident; and
determining the cause in fact of the accident from at least one of the characteristics of the accident. - View Dependent Claims (181, 182, 183, 184, 185, 186)
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187. A system, comprising:
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a CPU;
a data memory coupled to the CPU; and
a system memory coupled to the CPU, wherein the system memory is configured to store one or more computer programs executable by the CPU, and wherein the computer programs are executable to implement a method for determining whether a dangerous condition on a premises is a proximate cause of an accident, the method comprising;
providing to a computer system a set of characteristics of the accident; and
determining the proximate cause of the accident from at least one of the characteristics of the accident. - View Dependent Claims (188, 189, 190, 191, 192)
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193. A carrier medium comprising program instructions, wherein the program instructions are computer-executable to implement a method for determining whether a dangerous condition on a premises is a proximate cause of an accident, the method comprising:
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providing to a computer system a set of characteristics of the accident; and
determining the proximate cause of the accident from at least one of the characteristics of the accident. - View Dependent Claims (194, 195, 196, 197, 198)
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199. A computer-implemented method of estimating a contribution of a defense to premises liability for an accident, comprising:
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providing to a computer system a set of characteristics of the accident; and
determining the contribution of the defense from at least one of the characteristics of the accident. - View Dependent Claims (200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265)
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266. A system, comprising:
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a CPU;
a data memory coupled to the CPU; and
a system memory coupled to the CPU, wherein the system memory is configured to store one or more computer programs executable by the CPU, and wherein the computer programs are executable to implement a method for estimating a contribution of a defense to premises liability for an accident, the method comprising;
providing to a computer system a set of characteristics of the accident; and
determining the contribution of the defense from at least one of the characteristics of the accident. - View Dependent Claims (267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332)
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333. A carrier medium comprising program instructions, wherein the program instructions are computer-executable to implement a method for estimating a contribution of a defense to premises liability for an accident, the method comprising:
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providing to a computer system a set of characteristics of the accident; and
determining the contribution of the defense from at least one of the characteristics of the accident. - View Dependent Claims (334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 398, 399)
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Specification